CAN THE COURT COURT DETERMINE CUSTODY OVER A DOG??
Davenport & Davenport (No.2) [2020] FCCA 2766 (8 October 2020)
This matter involves an application by the husband for interim orders for “shared custody” of ‘D’ the dog where the wife contends the Court lacks jurisdiction to make that order.
Facts:
The wife commenced proceedings seeking interim and final orders with respect to adjustment of property interests. In support of her application, the wife filed an affidavit and deposed that she was the sole registered owner of a 6 year old female dog named ‘D’. She said she purchased the dog prior to the marriage when the parties were cohabiting. She deposed that she wished to retain the dog as part of her property settlement.
The husband alleged that he had made numerous attempts to visit ‘D’ the dog and organise some “pet custody agreement” however the wife had refused. He did not dispute that the wife was the registered owner of ‘D’. He argued that he made a financial contribution towards the dog providing food, toys and visits to the vet. He requested the Court make an order that the husband spend time with ‘D’ “due to suffering pain and separation anxiety by not being allowed to have time with ‘D’.”
The husband seeks interlocutory orders for “shared custody” of the dog ‘D’. He does not seek equivalent orders with respect to retaining possession of the dog ‘D’ on an interim or final basis.
Issue: Can the husband have shared custody over the dog owned by the wife?
Analysis:
The Court is aware that for many people pets are regarded as members of the family however there is no provision under the Family Law Act and no specific legislation that deals with issues such as the “custody” of a pet whether that be a dog, cat, bird, lizard, fish or any of the wonderful creatures that we share the planet with that would empower a Court to make orders for shared custody of a pet.
Conclusion: The application for shared custody of ‘D’ the dog is dismissed for want of jurisdiction.